Mum becoming homeless due to frozen account.

Pugsley_Heckford

Hi all,
I am hoping someone will have either dealt with this issue or has some advice for this unique circumstance. My Mum got taken into hospital in March and my dad also got taken in the next day. They are both over 70 with a joint bank account they have had for nearly 50 years with the HSBC. My mum is now confined to a wheelchair (she has MS) and so cannot return home. Dad has now split up from mum whilst in hospital. Mum has gone into the bank to separate the account so she and my dad get half each. ( it is a current account but has their savings in it too!) and because my dad has not signed the account is now frozen. My dad is not medically fit to even be assessed if he has capacity ( and is unlikely to be medically fit to be assessed for some weeks if ever) and the bank have said that mum cannot access any of her money. I have taken in evidence of her PIP and pensions to show which amounts going into the accounts come from her and all the direct debits are in her name.
We have opened a new account and mums pensions will be going in there however they will not cover her new living costs and will not be available for a month. She is classed as self funding as they have a house together but her pension will not cover the costs of renting a flat, basic furnishing and 2 carers 4 times a day.
We have suggested a small lump sum be released, releasing her income minus 50% of the costs coming out, bank authorising direct debit to new accommodation providers, 50% of
the funds transferred out or any other reasonable solution which protects both mum and dad.
They are trying to get mum out of hospital and so effectively she will become homeless with no monies. The bank managers answer was that well social services will be forced to do "something with her". It seems very unfair she cannot access her own money she has worked and saved for to provide her basic needs. Has anyone come across this before or any advice.? I have asked the bank manager to contact the banks legal team to see if anything can be done but so far nothing.
Any help gratefully received.:(

BoGoF

The bank are doing nothing wrong I'm afraid. With joint accounts money doesn't 'belong' to any of the account holders individually and would need both account holders authority to do as you have requested. Is the intention to get POS for your dad?

elsien

If it's a joint account and they can both sign individually, then why can't your mum continue to use the account as it is for now?
I'm unclear why the bank have frozen it.
With regards to paying for the carers, have you asked the local authority to defer payment while she gets things sorted?

Robin9

Isn't one of the requirements of a joint account that both parties should be capable - from what you say your Dad isn't

Willing2Learn

I just wanted to mention that neither Social Services nor the Local Authority Housing Department will allow your mother to become homeless. With her age, she will be deemed vulnerable and in priority need for housing. Between Social Services and the Housing Department, things should work out. If it were me, I would urgently contact both the Social Services and the Housing so that they are fully appraised of the situation, and can provide the necessary support and services.

Robin9

The NHS are responsible for the first 6 weeks after discharge - after that is Social Services

Ben8282

If your dad is so unwell that he cannot even be assessed as to if he has capacity, how did he split up with your mum while in this condition? Does he even have the capacity to split up with her?
Who stirred things up with the bank in the first place in order for this block to be put on the account?

Terry_Towelling

What a terrible situation and how incredible it should all come together at once. I think we need to tread carefully here.

Is your mum still in the hospital awaiting discharge then? How did she ever manage to get to the bank? - and why did you let her; there was no need. Can you find out why the account has been frozen? - I can't see any reason for that to have happened.

Given your dad's incapacity, how did he manage to separate from your mother whilst in hospital?

This flat; have you actually got it all lined up and ready (apart from some furnishings which you could probably pick up from your parents house yourself) despite not knowing that you'd need it until recently? If so, well done for being so efficient (how did you manage to pay the up-front costs for it?). If not, there is little chance of her being discharged from hospital as they will need evidence that she has somewhere suitable to go and someone to cater for her needs.

Can you explain why having a house together means your mum is self-funding?

Pugsley_Heckford

Hi unfortunately we cannot get POA as my dad cannot even be assessed for capacity until he is medically fit and they do not know if that will ever happen. So we are in limbo.

TheShape

A couple of questions:

- Is dad still in the hospital?
- If mum and dad had a house together, were they both living in that house and why can't mum return there from hospital? OP has said she can't return there due to being in a wheelchair but what specifically prevents her from returning there rather than to a flat?

Pugsley_Heckford

Hi the bank have frozen the account because mum has told them that they are separating and wanted to make sure dad had an equal amount of money! Because the bank have now been informed they are protecting the interests of both parties but That means neither party can access any funds. My dad is not considered medically fit and so cannot be assessed.